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MOBILE, Alabama — The defense for Steve Giardini argued in court Wednesday that an FBI agent posing as a 15-year-old girl tried to lure the former prosecutor into phone sex and steered their talks using investigative tactics.

Defense lawyer Dennis Knizley, in cross-examining the FBI agent, pointed to portions of recorded phone calls and online chats in which the agent — using the name “Diana Gautier” — told Giardini that she wanted to get into his Jacuzzi and described her sexual history.

“My suggestion to you is, sir, that you opened the door about sex,” Knizley said.

FBI agent Paul Roche used voice-altering technology to make himself sound like a young girl in conversations with Giardini between December 2008 and April 2009. The pair initially met in an Internet chat room.

Roche testified for a second day in a Mobile courtroom before prosecutors with the Alabama Attorney General’s Office rested their case. He was their only witness.

Giardini, 51, is charged with enticing a child for sex and soliciting the production of child pornography. He worked for the Mobile County District Attorney’s Office for nearly 20 years, including prosecuting sex crimes for the Child Advocacy Center.

He resigned in April 2009 after the FBI executed a search warrant at his house.

‘Nothing for the jury to decide’

Under questioning by the defense, Roche agreed that during the 3½ months of talks, Giardini never directly said he wanted to have sex with the girl before she turned 16.

He said he stuck with the investigative protocol of never taking it further than where Giardini led the talks.

“I’m continuing the conversations to see where they go,” he said.

Giardini backed out of an arranged April 4 meeting with the girl. He had discussed taking her to the beach. When Giardini canceled, the disguised agent wept over the phone and talked about meeting the next day.

Knizley said the agent was being insistent about getting him to show up. Roche testified that he never intended to try meeting him again.

The eight-man, six-woman jury earlier in the week heard sexually explicit phone conversations between Giardini and the agent, including the former prosecutor coaching the girl through a masturbation session.

After the prosecution rested, Knizley asked the judge to dismiss the charges, arguing there wasn’t enough evidence to support the case.

Most critically, he said, the prosecution never proved that Giardini attempted to have sexual contact because he told the girl they had to wait until she was older and he did not go to the meeting.

Giardini is accused of asking for a topless photograph of the girl, although no photograph was ever produced. Knizley said that without a photograph, it can’t be determined whether the image would be considered obscene under the law.

“Because of that, there’s nothing for the jury to decide in this case,” Knizley said.

Assistant Attorney General Andrew Arrington said Giardini’s intent was clear from the sexually explicit conversations.

Specially appointed Escambia County Circuit Judge Bradley E. Byrne denied the defense’s motion, but he added that the case presents unique and complicated legal questions and requires further review.

“That does not mean I have completed my analysis of the sufficiency of the evidence,” he said.

The defense called several friends and former colleagues to testify that Giardini had a good reputation in the legal profession and larger community. Those witnesses included former Mobile County District Judge Dominick Matranga and a trial coordinator with whom Giardini worked for 15 years.

The jury will hear closing arguments today at Mobile Government Plaza.

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